2011

LEGISLATIVE ASSEMBLY FOR THE
AUSTRALIAN CAPITAL TERRITORY

Planning and Development Amendment Regulation 2011 (No 2)
SL2011-37

EXPLANATORY STATEMENT

Presented by
Mr Simon Corbell, MLA
Minister for Minister for the Environment and Sustainable Development

This Explanatory Statement relates to the Planning and Development Amendment Regulation 2011 (No 2) (the amending regulation). 
Overview
The Planning and Development Act 2007 provides that a regulation can prescribe the types of lease variations that are chargeable variations under section 276E of the Act.  The amount for a section 276E chargeable variation is prescribed in a determination (or schedule) and is a disallowable instrument.
Section 170A of the regulation prescribes that a lease variation for a retirement complex is a chargeable variation.  Retirement complex is defined as having the same meaning as in the Territory Plan.
The determination that lists the charges for all chargeable variations uses the term retirement complex.  On the 4 November 2011 a Territory Plan Variation changed the label for retirement complex to retirement village and also changed the substance of the definition.  This means that the Territory Plan definition is no longer appropriate.  
Because of the changes to the Territory Plan definition, from retirement complex to retirement village, the regulation needs to define the meaning of retirement complex.  
The amending regulation inserts a definition for retirement complex into the regulation.  This means that s170 of the regulation will not reference the Territory Plan (as it does now) rather the section itself will contain the definition.  The definition for retirement complex has the same meaning as it did prior to the change in the Territory Plan.
A regulatory impact statement is not required as the amending regulation maintains the existing definition and relocates it from the Territory Plan into the regulation.

Outline of Provisions
Clause 1 Name of regulation
Names the regulation as the Planning and Development Amendment Regulation 2011 (No 2).

Clause 2 Commencement
Provides that the regulation commences on the day after its notification. 

Clause 3 Legislation amended
States that the regulation amends the Planning and Development Regulation 2008.

Clause 4 Section 100, definition of retirement complex 
Clause 4 inserts a definition for retirement complex at section 100.  Section 100 contains definitions for part 5.1 (Direct sale of leases) of the regulation.  The existing definition for supportive accommodation includes retirement complex as defined in the Territory Plan.  Because of the changes to the Territory Plan there is no longer a definition of retirement complex in the Plan.

Clause 4 provides that for the purposes of part 5.1 of the regulation retirement complex has the same meaning as defined in section 170A of the regulation.  Section 170A is amended by clause 6 of the amending regulation.

Clause 5 Section 100, definition of supportive accommodation
Clause 5 substitutes the existing definition for supportive accommodation with a new definition.

The existing definition of supportive accommodation includes retirement complex, as defined in the Territory Plan.  Because of the recent changes to the Plan there is no longer a definition for retirement complex in the Plan.  Rather this has been replaced by retirement village.

The amending regulation defines supportive accommodation to include both retirement complex, as defined in amended section 170A, and retirement village, as defined in the amended Territory Plan.  This is appropriate as both a retirement complex and retirement village can include types of housing used for supportive accommodation e.g. self-care units.

Clause 6 Section 170A, definition of retirement complex
Clause 6 substitutes the existing definition for retirement complex with a new definition.  

The existing definition of retirement complex relies on the definition in the Territory Plan.  Because of the recent change to the Plan a definition for retirement complex is no longer included in the Plan.  Rather this has been replaced by retirement village.  However, retirement village has a different meaning to retirement complex.

The amending regulation inserts a definition for retirement complex into the regulation (opposed to referring to the Territory Plan).  The definition has the same meaning as it did in the Territory Plan.

A new Note is include to provide that self-care units that are part of a retirement complex may also be within the meaning of retirement village as defined in the Territory Plan.  For example, self-care units in a retirement complex may also be defined as a retirement village if those units are managed by a retirement village scheme.

Clause 7 Dictionary, new definition of retirement complex
Clause 7 inserts a new definition for retirement complex for part 5.1 (Direct sale of leases) into the dictionary.  The definition refers to the meaning at section 100.

Section 100 is amended by this amending regulation and provides that retirement complex has the same meaning as defined at section 170A of the regulation.